RENT STABILIZATION REGULATIONS THE CITY OF WEST HOLLYWOOD

Transcription

1 RENT STABILIZATION REGULATIONS THE CITY OF WEST HOLLYWOOD City of West Hollywood Last Amended: CC Resolution

2 WEST HOLLYWOOD RENT STABILIZATION REGULATIONS Section CHAPTER 2 - REGISTRATION Purpose Times When Registration is Required 8 a. Initial Registration 9 b. Change in Ownership 9 c. Re-registration Following a Vacancy 9 d. Application for Exemption 10 e. Termination of Exemption 10 f. R.S. Commission Findings & Decision Acceptance of Registration Form for Filing Proper Registration Failure to Register 12 a. Penalties 12 b. Written Notice 12 c. Consequences Failure to Maintain Accurate Registration 13 a. Penalties 13 b. Late Fees 13 c. Consequences of Incomplete Registration Disputed Information: Procedures for Resolution 14 CHAPTER 3 - REGISTRATION FEE REGISTRATION FEE 15 a. Purpose 15 b. Amount of Registration Fee 15 c. Deadline for Landlord Payment of Fee 15 d. Pass-Through of Fee to Tenants 16 e. Delinquent Registration Fees 16 f. Registration Fee Deferral 17 g. Registration Fee Rebate - Income Eligible 17 Tenants h. Registration Fee Rebate - Income Eligible 18 Property Owners i. Alternate Schedule of Registration Fee Payment 18 Revised through City of West Hollywood Last Amended: CC Resolution No

3 Water Conservation 19 a. Pass-Through of Water Surcharges 19 b. Eligibility to Impose Surcharge Pass-Through 19 c. Notice Requirements 19 d. Apportionment of Water Surcharge 19 e. Status of Water Surcharge 20 f. Repeal of This Section 20 CHAPTER 4- ANNUAL GENERAL ADJUSTMENTS General Adjustment Rent Increase Upon a Vacancy of Rental Unit 22 a. Time Period Requirement 22 b. Conditioned Upon a Vacancy 22 c. Procedure for Obtaining a V.I. Certificate Procedures for Monitoring Upward Rent Adjustments Following a Vacancy and Recording New Maximum Allowable Rents Security Deposits 25 CHAPTER 5 - EXEMPTIONS Exemption Procedures 26 a. Filing of Application & Notice 26 b. Submission of Required Information 26 c. Administrative Dismissal of Application 26 d. Time for Determination 27 e. Written Notice of Determination Effective Date of Exemption Monitoring/Renewal of Exemption Certificates 28 a. Renewal Upon Change in Ownership 28 b. Periodic Monitoring of Exemption Status Termination of Exemption 28 a. Automatic Expiration of Exemption 28 b. Revocation of Exemption 29 CHAPTER 6 - INDIVIDUAL RENT ADJUSTMENTS Scope of Regulations 29 Revised through City of West Hollywood Last Amended: CC Resolution No

4 SUBCHAPTER A. APPLICATION Application Filing Requirement Application and Submission Forms Application Fee Procedure for Filing Acceptance for Filing Incomplete Applications Applicant Waivers Applicant Withdrawals 34 SUBCHAPTER B. HEARING ON APPLICATION FOR RENT 34 ADJUSTMENT Hearing Officer 34 a. Definition 34 b. Authority 34 c. Impartiality Notice of Hearing on Application for Rent Adjustment Hearing Dates Continuances Conduct of Hearing Rules of Evidence Order of Proceedings Speakers' Presentations Right of Assistance Hearing Record Public Inspection of Hearing Record Quantum of Proof Re-Opening of Hearing Day Decision Notice of Decision 40 SUBCHAPTER C. APPEAL TO RENT STABILIZATION COMMISSION Right of Appeal Grounds for Appeal Time for Appeal Appeal Forms 41 Revised through City of West Hollywood Last Amended: CC Resolution No

5 Appeal Fee Procedure for Filing of Appeal Acceptance of Filing of Appeal Evidence Staff Report Determination of Type of Hearing by Commission Continuances Notice of Time Set for Commission Action Commission Action on Appeal 44 SUBCHAPTER D. EFFECT AND FINALITY OF DECISION Finality of Hearing Officer Determination Appealed Decision Effect of a Decision Granting a Rent Adjustment 45 SUBCHAPTER E. SUBSTANTIVE GROUNDS FOR RENT ADJUSTMENT 46 DETERMINATIONS Calculation of Owner Performed labor Capital Improvement 47 A. Amortization Schedule Determination of Professional Expenses, Fees and Cost Substantive Grounds for Downward Rent Adjustments by Tenants Change in Housing Services Rents Charged for Comparable Rental Units 54 SUBCHAPTER F. COMPLIANCE DETERMINATION IN RENT 55 ADJUSTMENT DECISIONS CONCERNING HOUSING SERVICES AND MAINTENANCE Restoration of MAR Procedure for Restoration of MAR Decision on Statement of Compliance Right of Appeal of Compliance Determinations 57 SUBCHAPTER G. APPLICATION OF SECTION 6415 TO RENT 57 INCREASE APPLICATIONS Scope of Section 6415 (Municipal Code Section ) 57 Revised through City of West Hollywood Last Amended: CC Resolution No

6 Applicability of Chapter Burden of Proof Adjustment of MAR(s) 58 SUBCHAPTER H. CERTIFICATION OF RENTS Applicability Notice of MAR Objection to Amount of MAR Acceptance of Petition Action by Department on Accepted Petition Appeal of the Decision on the Petition Issuance of Certificate Objection to Amount in Certificate Acceptance of Objection Action by Department on Accepted Objection 64 SUBCHAPTER I. RENT ADJUSTMENTS FOR SEISMIC RETRO- 66 FITTING Scope of Regulations Application Fee Rules of Evidence Substantive Standards for Consideration of Capital Improvements 67 Expenses in Upward Rent Adjustment Applications SUBCHAPTER J. DEPARTMENT INITIATED HEARINGS 68 RESULTING IN INDIVIDUAL RENT ADJUSTMENTS AND OTHER DETERMINATIONS Applicability Scope of Department Initiated Hearings Notice of Hearing Continuance Conduct of Hearing Rules of Evidence Order of Proceedings Speakers' Presentation Right of Assistance Hearing Record 71 Revised through City of West Hollywood Last Amended: CC Resolution No

7 Public Inspection of Hearing Record Quantum of Proof Determination Notice of Determination Appeal 72 SUBCHAPTER K. RENT ADJUSTMENTS FOR BUILDING 72 IMPROVEMENTS AND CHANGES IN HOUSING SERVICES Rent Adjustments for Security Related Building Improvements Change in Housing Services 75 CHAPTER 7 - APPEALS OF ADMINISTRATIVE 77 DETERMINATIONS OF THE RENT STABILIZATION DEPARTMENT Applicability Right of Appeal Grounds for Appeal Time for Appeal Appeal Forms Procedure for Filing of Appeal Acceptance of Filing of Appeal Presentation of Appeal Director's Action on Appeal 78 CHAPTER 8 - CHANGE OF USE EXEMPTION Scope of Regulations 80 SUBCHAPTER A. APPLICATION Application Filing Requirement Application and Submission Forms Application Fee Procedure for Filing Acceptance for Filing Incomplete Applications Applicant Waivers Applicant Withdrawals Notice of Hearing on Application for Change of Use Exemption 83 Revised through City of West Hollywood Last Amended: CC Resolution No

8 Investigation by Hearings Division Staff Report Hearing Date Continuances Conduct of Hearing Rules of Evidence Order of Proceedings Speakers' Presentation Right of Assistance Hearing Record Public Inspection of Hearing Record Quantum of Proof Standards for Decision Determination Notice of Determination Purpose. CHAPTER 2 REGISTRATION The purpose of the registration requirement is to enable the Commission to control and monitor rents as mandated by the Rent Stabilization Ordinance. Landlord registration will provide the Commission with information necessary to facilitate implementation of the Ordinance. Registration shall include information about rents and housing services existing at each residential rental property in West Hollywood. The registration form and procedures are adopted in order to effectuate Section 6407 (Municipal Code Chapter 17.28) of Ordinance No. 59u Times When Registration is Required. Pursuant to Section of the Municipal Code, the Commission requires registration and/or re-registration at the following times: 8

9 (a) Initial Registration. Initial registration is required on or before September 15, 1985, sixty-five (65) days following adoption of the Ordinance. (b) Change in Ownership. (1) Whenever a change in ownership occurs, the Seller shall provide the Department with written notice of the change in ownership including the date of transfer, and the name, address and telephone number of the new owner. (Amended by Res , as approved by City Council on ) (2) The new owner is required to file a registration form with the Department within sixty (60) days of such change; otherwise, a delinquent registration filing fee, established by Resolution of the City Council, shall be assessed along with the penalties set forth in Regulation The new owner's registration form will only be accepted by the Department if it is accompanied by a copy of a written notification on a form prescribed by the Rent Stabilization Director from the landlord to all tenants advising the tenants of the change of ownership of the building and setting forth the name, address and telephone number of the new owner and of the new owner's property manager or representative, and a declaration that the new owner served the written notification on all the tenants of the building(amended by Res , as approved by City Council on ) (3) Registration amendments also shall be required to be filed with the Department within sixty (60) days of a change of the property manager or authorized agent or if the address of the owner or authorized agent changes; otherwise, a delinquent filing registration fee, established by Resolution of the City Council, shall be assessed along with any of the separately applicable penalties set forth in Regulation (Amended by Res , as approved by City Council on ) (c) Re-registration Following a Vacancy. (1) Effective January 1, 1996, the landlord shall, in the manner described herein, reregister a rental unit with the Rent Stabilization Department each time a vacancy 9

10 has occurred and the unit is re-rented. (2) Within thirty (30) days after a rental unit is reoccupied following a vacancy, the landlord shall provide to the Rent Stabilization Department such information as the Department deems necessary to verify and record the new Maximum Allowable Rent and otherwise effectuate the purposes of the Rent Stabilization Ordinance. The information shall be provided on a form provided for that purpose by the City, and shall be certified as true under penalty of perjury by the landlord or authorized agent for the landlord. The form shall be accompanied by a re-registration fee, in an amount established by Resolution of the City Council. (Amended by Res , as approved by City Council on ) (3) Failure to file a complete and accurate vacancy re-registration form with the Department shall result in the property being deemed not to be in substantial compliance with the Rent Stabilization Ordinance. (d) (e) (f) Application for Exemption. If an owner has not previously registered, upon filing an exemption application, a registration form must be filed as well. Termination of Exemption. Any time a property which has been exempted under the provisions of the Ordinance and Regulations promulgated thereunder loses its exempt status due to termination of the conditions qualifying it for exemption, the owner of such property is required to file a registration amendment form within thirty (30) days of the change in status. Otherwise, penalties as set forth in Regulation shall be assessed. Rent Stabilization Commission Findings and Decision. If a hearing conducted by the Rent Stabilization Commission or one of its hearing examiners reveals that a property is either improperly registered or not registered, the owner is required to file a new registration form containing complete and correct information within thirty (30) days following the date of the final administrative decision. If the landlord fails to amend the registration form, the Department shall amend the form in accordance with the final decision. (Amended by R.S. Res. #95-24, as approved by City Council on 12/04/95) Acceptance of Registration Form for Filing. (a) A Registration Form shall be accepted for filing by the Rent Stabilization Department only if it is deemed proper as defined in Section below. Mere submission of a 10

11 Registration Form prior to September 15, 1985 or by any other required time pursuant to Section 20001, does not guarantee acceptance. (b) Upon acceptance of a Registration Form for filing, a landlord shall receive a Certificate of Compliance from the Rent Stabilization Department. The Certificate of Compliance shall be posted by the landlord in a conspicuous location on the property or copies of the Certificate shall be delivered by the landlord to each individual tenant, and to each new tenant upon occupancy. (Amended by R.S. Res , as approved by City Council ) Proper Registration. A property shall be deemed to be properly registered only when all registration fees required by Regulation Section 30000(b) are paid and a Registration Form containing the following information is completely and accurately provided on the registration form: (a) (b) (c) Name, current address and telephone number of current owners, authorized representatives and property managers; Addresses of all buildings on the property; Date of assumption of ownership by current owners; (d) Housing services provided building-wide on April 30, 1984; (e) (f) The letter or number identifying each and every unit on the property; The April 30, 1984 rents except: (1) where a unit was vacant on April 30, 1984 and was rented between January 1 and April 29, 1984, the rent in effect during the last month the unit was rented prior to April 30, 1984; (2) where a unit was vacant on April 30, 1984 and was not rented between January 1 and that date, the rent first charged for the unit after April 30, 1984; and 11

12 (3) where a unit was rented for the first time after April 30, 1984, the first rent charged for the unit. (g) (h) (i) (j) (k) Identification of every unit not currently occupied by the tenant occupying the unit on April 30, 1984 or on the applicable date consistent with subsection (f) above; The amount of security deposits currently held for each unit; Housing services provided to individual units on April 30, 1984 or on the applicable date consistent with subsection (f) above; Identification of every unit currently occupied by an owner or employee or a government subsidized tenant; and Signature of the owner or authorized representative under penalty of perjury. (Amended by R.S. Res , as approved by City Council on ) Failure to Register. (a) Any landlord who fails to initially register and pay registration fees shall: (1) Not be entitled to increase rents above the base rent levels set forth in Municipal Code Section until the property has been properly registered, including the payment of fees; (2) Not be entitled to pass through registration fees to tenants; and (3) Be subject to late fees in the amount of 100 percent of the registration fees. (b) (c) Any landlord who does not register any pay registration fees by September 15, 1985 shall be notified in writing by the Board that if s/he does not do so within thirty days, tenants shall be notified of his/her failure to register and the consequences thereof. As of September 15, 1985, no petition, application, claim or request will be accepted from any landlord, and no hearing or other proceeding shall be scheduled or take place on 12

13 any such petition, application, claim or request, and no rent increases granted by hearing officers or the Board shall take effect for any property for which there is no complete Registration Form on file Failure to Maintain Accurate Registration. (a) Any landlord who fails to maintain accurate registration records in compliance with the provisions of Regulation shall: (1) Not be entitled to increase rents in accordance with the applicable provisions of the Rent Stabilization Ordinance until the property has been properly registered, including the payment of fees; (2) Not be entitled to pass through the allowable registration fees to tenants, until the property has been properly registered, including the payment of fees; and (b) (c) Any landlord who fails to pay the annual registration fee by July 15th shall be subject to late fees which shall be added on the 16th day of each month in an amount equal to twenty percent (20%) of the registration fee up to a maximum of one hundred percent (100%). (Amended by R.S. Res , as approved by the City Council on ) As of September 15, 1985, no petition, application, claim or request will be accepted form any landlord, and no hearing or other proceeding shall be scheduled or take place on any such petition, application, claim or request, and no rent increases granted by hearing officers or the Commission shall take effect for any property for which there is no complete Registration Form on file or there are outstanding fees or penalties. (Amended by R.S. Res , as approved by City Council on ) 13

14 Disputed Information: Procedures for Resolution. [Reserved] 14

15 CHAPTER 3 REGISTRATION FEE Registration Fee. (a) (b) (c) Purpose. The registration fee required by this section is to finance the reasonable and necessary expenses of the Rent Stabilization program of the City of West Hollywood for each fiscal year from July 1st through June 30th. Amount of Registration Fee. A landlord shall pay to the City of West Hollywood a Rent Stabilization registration fee for each rent stabilized unit he/she owns in the City. The amount of the fee is to be determined each year by Resolution of the Rent Stabilization Commission of the City of West Hollywood, or after December 2, 1987, by Resolution of the City Council. Deadline for Landlord Payment of Registration Fee. Prior to 1990, a landlord shall pay annual registration fees due and owing pursuant to this section on or before September 1st, and commencing in 1990, annual registration fees shall be due and owing on or before July 1st, except insofar as he/she falls within the following exception: (1) When a landlord has been granted an exemption for a stabilized rental unit which exemption is valid on the deadline to pay registration fees to the City. If an exemption lapses on or after that date, the landlord shall pay prorated registration fees for the period of time between the date when the exemption terminates and the date when the registration fees are due. Such prorated fees shall become due and owing thirty (30) days following the date on which an exemption terminates. Commencing in 1991, any landlord who wishes to renew an application for an exemption must do so annually on or before April 1st. (Amended by R.S. Res , as approved by the City Council ) (2) If a landlord has been granted a fee deferral which is effective on September 1st, but such fee deferral terminates prior to August 31st, the landlord shall pay prorated registration fees for the period of time between the date on which the unit is no longer eligible for a fee deferral and August 31st. Such prorated fees shall become due and owing thirty (30) days following the date on which the fee 15

16 deferral terminates. (3) Prior to 1990, if a landlord has received Rent Stabilization Department approval for an alternate payment schedule as set forth in subsection (i) which is effective on or before September 15th, but such payment schedule terminates on or before March 1st of the following year. (4) Commencing in 1990, if a landlord has received Rent Stabilization Department approval for an alternate payment schedule as set forth in subsection (i) which is effective on July 1st, but such payment schedule terminates on or before January 1st of the following year. (Revised 10/11/89) (d) Pass-Through of Registration Fee to Tenants. (1) A landlord may increase the amount of the monthly pass-through to tenants on any controlled unit for which the annual registration fee is paid by an amount to be determined by Resolution of the Rent Stabilization Commission of the City of West Hollywood, or after December 2, 1987, by Resolution of the City Council. The rent surcharge provided by this subsection may be implemented on September 1st, and must terminate on August 31st of the following year. The registration fee pass-through shall not be considered part of the rent in calculating the rent increase to which a landlord is entitled pursuant to the General Adjustment. (2) Notice Requirements. Increases pursuant to this Section shall not be effective until the landlord has first given notice to the affected tenant(s) as required by State law. (e) Delinquent Registration Fees. (1) Prior to 1990, if the landlord does not pay the registration fee by September 15th, or commencing in 1990 by July 15th, he/she may not pass the registration fee through to tenants. Once the registration fee and any applicable penalties are paid, the Landlord may commence passing the registration fee through to the tenants in accordance with the provisions of this Section. (2) Prior to 1990, if the landlord does not pay the amount provided in subsection (b) 16

17 by September 15th, or commencing in 1990 by July 15th, a late charge shall be assessed in an amount equal to 100 percent of the registration fee. (3) For only the year 1989, if a landlord paid one-half for the $96.00 registration fee, or $48.00, by September 15, 1989, then the landlord shall be able to pay the second half of the registration fee, or $48.00, on or before October 16, (4) A waiver of the penalty for late payment of registration fees may be granted by the Department upon a showing of exceptional circumstances beyond the control of the property owner which made it impossible for the registration fees to be paid in a timely manner. (Amended by R.S. Res , as approved by City Council ) (f) Registration Fee Deferral. Prior to 1990, a landlord may apply to the Rent Stabilization Department for approval of deferral of the payment of annual registration fees from September 1st until August 15th of the following year. Commencing in 1990, a landlord may apply to the Rent Stabilization for approval of deferral of the payment of annual registration fees from July 1st until June 15th of the following year. To be eligible for a fee deferral, the landlord must demonstrate to the Department, by providing satisfactory documentation and/or an affidavit signed under penalty of perjury, that: (1) The property owner is elderly as defined by HUD (62 years or older) or handicapped; and (2) The property owner is in the very low income category as defined by HUD (the property owner's annual income does not exceed fifty percent (50%) of the median income for the County of Los Angeles as determined by the Department of Housing and Urban Development). (g) Registration Fee Rebate to Income Eligible Tenants. After September 1st of each year, a tenant who is eligible may apply to the Rent Stabilization Department for a refund of the registration fees which the tenant paid to the landlord during the preceding three years, if not previously reimbursed. To be eligible for 17

18 a registration fee rebate, the tenant must demonstrate to the Department, by providing satisfactory documentation and/or an affidavit signed under penalty of perjury, that: (1) The tenant is in a unit subject to the provisions of the Rent Stabilization Ordinance, and the landlord has paid the registration fees for the unit to the City; (2) The tenant reimbursed the landlord for the registration fees by paying the monthly registration fee pass-through established by subparagraph (d); (3) The tenant is elderly as defined by HUD, 62 years or older, or handicapped; and (4) The tenant is in the very low income category as defined by HUD, the tenant's annual income does not exceed fifty percent (50%) of the median income for the City of Los Angeles as determined by the Department of Housing and Urban Development. (h) Registration Fee Rebate to Income Eligible Property Owners. Commencing September 1, 1990, a property owner who is eligible may apply to the Rent Stabilization Department for a refund of the property owner's share of the registration fees which the property owner paid during the preceding year. To be eligible for a registration fee rebate, the property owner must demonstrate to the Department, by providing satisfactory documentation and/or an affidavit signed under penalty of perjury, that: (1) The property owner is elderly as defined by HUD (62 years or older) or handicapped; and (2) The property owner is in the very low income category as defined by HUD (the property owner's annual income does not exceed fifty percent (50%) of the median income for the County of Los Angeles as determined by the Department of Housing and Urban Development. (i) Alternate Schedule of Registration Fee Payment. Commencing September 1, 1989, a property owner who is eligible may apply to the Rent Stabilization Department for approval of an alternate payment schedule of the property owner's portion of the annual rent registration fee. To be eligible for an alternate payment 18

19 schedule, the property owner must demonstrate to the Department, by providing satisfactory documentation and/or an affidavit signed under penalty of perjury, that: (1) The property owner's current monthly operating expense budget for the property exceeds the projected monthly income from the property and; (2) The property owner's liability for annual rent registration fees on the property will be paid in full in 1 to 6 equal installments on or before the 1st day of the 6th month following the date on which the annual rent registration fee is due. This paragraph shall be effective for one year and six months. The effective date of this subsection may be extended by Resolution of the Rent Stabilization Commission. (Amended by R.S. Res , as approved by City Council on ) Partial Pass-Through of Water Surcharge to Residents. (a) (b) (c) (d) Pass-Through of Water Surcharge. A landlord may impose a one-time surcharge upon the resident of a residential rental unit in order to recover 50% of a surcharge imposed upon the landlord by a water provider. No surcharge may be passed through if it has not actually been paid by the landlord. Eligibility to Impose Surcharge Pass-Through. In order to impose this surcharge, the landlord must be in full compliance with all registration requirements, including the payment of any applicable registration fees and penalties. In addition, the landlord must have repaired known leaks and completed installation of the following water conservation devices in all dwelling units at the property: low-flow shower heads, toilet tank water displacement devices (unless an ultra-low-flush toilet is provided), and water faucet aerators. Notice Requirements. A surcharge pursuant to this Section shall not be collectible until the landlord has first given notice to the affected resident(s) as required by State law. The notice shall include a photocopy of the statement of the water provider indicating the surcharge levied upon the landlord, and the property owner's statement indicating the mathematical calculations upon which the amount of surcharge imposed upon the individual resident(s) was arrived at. Apportionment of Water Surcharge. Of the total water surcharge levied by a water 19

20 provider, 50% of the total may be passed through to residents. This amount shall be allocated to each unit based on the number of people living in the unit during the month for which the surcharge is imposed. Each person in the building shall be considered one share. The per share cost shall be determined by dividing 50% of the surcharge by the total number of shares in the building; the per share cost is then multiplied by the number of shares for that unit. (e) (f) Status of Water Surcharge. The partial pass-through of water surcharges imposed upon landlords constitutes recovery of such charges, and is not rent as defined in Municipal Code Section , and as referred to in Municipal Code Chapter The water surcharge pass-through shall not be considered part of the rent in calculating the rent increase to which a landlord is entitled pursuant to the General Adjustment. Repeal of This Section. The City Council shall repeal this Section upon a finding that the drought emergency is over. (Amended by City Council Res. 842, as approved by the City Council ) 20

21 General Adjustment. CHAPTER 4 ANNUAL GENERAL ADJUSTMENTS (a) Commencing on September 1, 1985, all landlords may increase rents above the April 30, 1984 base rent by an amount not to exceed three (3%) percent. On September 1st of each subsequent year, all landlords may increase rents by a general adjustment in an amount to be determined by Resolution of the Rent Stabilization Commission of the City of West Hollywood. In addition, except as provided in subparagraph (1) below, any landlord who provides gas to tenants without charge may increase the rent by an additional 0.5 percent; any landlord who provides electricity to tenants without charge may increase the rent by an additional 0.5 percent. If a landlord provides both gas and electricity without charge, he/she may increase the rent by an additional one percent. (1) No additional increase for utilities may be taken in connection with the annual general adjustments that are effective September 1, 1994, September 1, 1995, and September 1, (b) If a landlord was entitled to a vacancy increase prior to September 1, 1985, such increase shall be added to the base rent after calculating the increase authorized by this section. (c) Commencing with the annual general adjustment that becomes available on September 1, 1996, a rent adjustment permitted pursuant to this section may not be taken if the tenant(s) have occupied the unit for less than twelve (12) months or if a prior annual general adjustment has been taken within the preceding twelve months. (d) Commencing with the annual general adjustment that becomes available on September 1, 1996, annual rent adjustments permitted pursuant to this section must be made effective during the period of September 1 of the year in which the adjustment is announced through August 31 of the following year or be forfeited. (e) In order to increase rents pursuant to this section, a landlord must give the notice required by California Civil Code Section

22 (f) (g) (h) A landlord shall not demand, accept or retain increased rents pursuant to this section unless the landlord has registered the rental unit for which the rent increase is sought, has re-registered the property on vacancy as required, and has paid the required registration fees and other fees. In any notice of a rent increase pursuant to this section, a landlord must certify that there has been compliance with all provisions of this chapter, including filing of the required Registration Form and payment of required fees. The registration fee pass-through shall not be considered part of the rent in calculating the rent increase to which a landlord is entitled pursuant to this section. (Amended by R.S. Res. #96-36, as approved by City Council on 07/15/96) Rent Adjustments Following a Vacancy. (a) (b) A landlord may establish, subject to the limitations provided by this section and Municipal Code Chapter 17.40, the initial rental rate for a tenancy, which begins on or after January 1, The rental rate established shall thereafter constitute the Maximum Allowable Rent for all purposes under the Rent Stabilization Ordinance, including the calculation of all future rent adjustments. The initial rental rate established pursuant to Section 41000(a) of the Regulations and Municipal Code Chapter shall not exceed the existing Maximum Allowable Rent for the rental unit if any of the following apply: (1) The landlord has agreed by contract with the City or other public entity to limit or otherwise restrict rent levels in consideration for a direct financial contribution or any other form of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. (2) The landlord is obligated by contract with any individual, person, firm, organization or public entity to limit or otherwise restrict the amount of rent that may be charged on a residential unit. (3) The rental unit contains serious health, safety, fire or building code violations, 22

23 excluding those caused by disasters, for which a citation has been issued by the appropriate governmental agency and which has remained unabated for six months preceding the vacancy. (4) The prior tenant vacated the property as a proximate result of conduct by the landlord or the landlord s agent, which constitutes harassment prohibited by law, or which constitutes constructive eviction or a breach of the covenant of quiet enjoyment of the property. (5) The prior tenant did not have a bona fide landlord-tenant relationship with the property owner or occupied the property for less than six months and principally for the purpose of vacating the property to establish eligibility for an upward adjustment in the Maximum Allowable Rent under this Section. (c) During the period of January 1, 1996 through December 31, 1998, any upward adjustment in the Maximum Allowable Rent authorized by this Section is subject to the following additional limitations: (1) No upward rent adjustment may be taken unless the prior tenant voluntarily vacated the rental unit, abandoned the unit, or was evicted for non-payment of rent pursuant to Code of Civil Procedure Section 1161(2); (2) A rent adjustment may be taken no more than twice during the three-year period; (3) The rental rate established for the new tenancy pursuant to this section shall not exceed the amounts authorized herein. (d) (e) During the period of January 1, 1996 through December 31, 1998, the initial rent established for a single-family residence following a vacancy pursuant to this section and Municipal Code Chapter shall not be limited in amount. During the period of January 1, 1996 through December 31, 1998, the initial rent established for all rental units, other than single-family residences, following a vacancy pursuant to this section and Municipal Code Chapter shall not exceed the greater of the following amounts: (1) One-hundred-fifteen percent (115%) of the Maximum Allowable Rent for the 23

24 rental unit. (2) Seventy percent (70%) of the applicable adjusted Fair Market Rent for the rental unit. As used herein, the adjusted Fair Market Rent applicable to a particular rental unit shall be the amount set forth for a unit of the same number of bedrooms in the Schedule of Fair Market Rents for the Los Angeles-Long Beach Primary Metropolitan Statistical Area, published annually in the Code of Federal Regulations by the United States Department of Housing and Urban Development, adjusted downward by the applicable allowance for utilities where one or more utilities are not provided. Additional adjustments to the applicable Fair Market Rent may be made if the rental unit is unusual in size or in type or number of amenities and housing services or if the rental unit is located in a neighborhood which warrants such an adjustment. (f) Commencing January 1, 1999, upward adjustments in the Maximum Allowable Rent authorized by this section are not limited in amount or frequency, but may not be taken if the previous tenancy was terminated by the landlord pursuant to Section 1946 of the California Civil Code, or was terminated upon a change in terms of tenancy noticed pursuant to Section 827 of the California Civil Code, except a change permitted by law in the amount of rent or fees. (Amended by R.S. Res. #95-24, as approved by City Council on 12/04/95) Procedures for Monitoring Upward Rent Adjustments Following a Vacancy and Recording New Maximum Allowable Rents. (a) (b) Upon receipt of the re-registration form which the landlord is required to file within thirty (30) days after re-rental of a unit pursuant to Regulation 20001(c)(2), the Rent Stabilization Department shall review the information provided on the re-registration form. If the initial rental rate established for the new tenancy is in excess of the Maximum Allowable Rent in effect for the prior tenancy, the Department shall verify that the rental unit qualifies for such an increase pursuant to Regulation and Municipal Code Chapter and shall confirm that it is within the amounts permitted therein. (Amended by Res , as approved by City Council on ) Within thirty (30) days after receipt of the vacancy re-registration form the Rent Stabilization Department shall record the initial rental rate as the Maximum Allowable Rent for that unit, provided that it does not exceed the amount authorized by the Ordinance, and shall notify the tenant and landlord of the new Maximum Allowable Rent 24

25 for the unit. (Amended by R.S. Res. #95-24, as approved by City Council on 12/04/95) Security Deposits. (a) All interest accrued on tenant security deposits through the period ending December 31, 1993 pursuant to Municipal Code Section , shall become due and payable on or before February 28, 1994, at the rate of 5 1/2% per annum. Payment of such accrued interest may be made by an authorized rent credit or direct payment to the tenants. In the event that no payment is made or rent credit authorized by the landlord before March 1, 1994, tenants entitled to accrued interest may reduce the amount of their rent for the month of March 1994, or a subsequent month, by the amount of interest due. (b) (c) (d) (e) On or before September 1 of each year, the Rent Stabilization Commission shall announce the interest rate to be paid on security deposits for that calendar year. This rate shall be calculated by averaging the rates for regular passbook accounts at five West Hollywood banks as of July 1 and rounding to the nearest 1/4 of one percent. (Amended by R.S. Res , as approved by the City Council ) Payment must be made or a credit towards rent given for interest accrued during the year ending December 31, no later than January 31 of the following year, or the tenant may deduct the amount due from the February rent. Notwithstanding the requirement of this regulation that payment of interest on security deposits be made annually, tenants who vacate a rental unit shall be entitled to interest accrued through the last full month of their tenancy upon their departure from the premises. Such interest shall be paid at the applicable rate for the prior calendar year. All interest due will be rounded to one-month increments. For a landlord to be liable for interest for a particular month, they must have received the security deposit on or before the first day of that month. (Amended by R.S. Res , as approved by the City Council ) 25

26 CHAPTER Exemption Procedures. EXEMPTIONS (a) Filing of Application and Notice Thereof. Any person seeking an exemption determination pursuant to Municipal Code Section must submit an application on the form prescribed by the Rent Stabilization Department and approved by the Rent Stabilization Commission. All forms shall specify, and all written statements shall be made, under penalty of perjury. Within five (5) business days of filing, the owners shall either serve a copy of such application on tenants from every rental unit for which the owner seeks an exemption, or post copies of such application in conspicuous locations on the property. (Amended by R.S. Res , as approved by the City Council on ) (b) Submission of Required Information in Support of Application for Exemption. The applicant has the burden of proving entitlement to an exemption. In order to facilitate the processing of an application for exemption, any person submitting such an application shall provide information of the nature of the claimed exemption and the specific facts upon which the applicant relies in support of the exemption. The applicant shall supply such further information and documentation as required by the Rent Stabilization Department to investigate and verify the claimed exemption. (Amended by R.S. Res , as approved by the City Council on ) (c) Administrative Dismissal of Application for Exemption. (1) The Rent Stabilization Department shall dismiss an application for exemption and shall neither schedule a hearing nor grant an exemption if the application submitted is not completed or where the application fails, on its face, to state a basis for exemption under Municipal Code Section (Amended by R.S. Res , as approved by the City Council on ) (2) Prior to dismissal of an application for exemption, Rent Stabilization Department staff shall mail to the applicant a written notice of intention to dismiss stating the 26

27 applicable reasons for such dismissal. The applicant shall have ten (10) business days from the date of the notice to cure the defects in the application prior to dismissal. (Amended by R.S. Res , as approved by the City Council on ) (3) The Rent Stabilization Department may make an administrative determination to dismiss an application pursuant to this section. (Amended by R.S. Res , as approved by the City Council on ) (4) A copy of a notice of administrative determination to dismiss an application containing the applicable reasons for dismissal shall be mailed to the applicant and affected tenant(s). (d) Time for Determination. The Department shall make a final determination as to the exempt or non-exempt status of a property within twenty (20) business days of the date when a complete application was received by the Department. Where necessary, the Department may hold a hearing for the purpose of receiving evidence upon which to make the determination. (Amended by R.S. Res , as approved by the City Council on ) (e) Written Notice of Determination. If an exemption is granted, the applicant shall receive a Certificate of Exemption, which shall be posted in a conspicuous location on the property or delivered to all affected tenants. If an exemption is denied, the notice of determination shall contain a statement of the reasons for denial of the application. (Amended by R.S. Res , as approved by the City Council on ) Effective Date of Exemption. A property shall not be considered exempt from the Rent Stabilization Ordinance until the owner of such property has applied for, and received, a determination by the Rent Stabilization Department that his/her property is exempt. Upon determination by the Department that a property is exempt from the Rent Stabilization Ordinance, the exemption shall be deemed to relate back to the date upon which the application 27

28 for exemption was filed, provided that the conditions entitling an applicant to an exemption existed and have continued to exist at all times since that date. (Amended by R.S. Res , as approved by the City Council on ) Monitoring and/or Renewal of Exemption Certificates. (a) Renewal of Exemption. Renewal of an exemption certificate is required annually on or before April 1st and whenever a change in ownership occurs. If the exemption is not renewed by April 1, the exemption shall expire by its terms. A new owner of residential rental property is required to file an exemption application within thirty (30) days of such change in ownership or the exemption shall terminate automatically. (Amended by R.S. Res , as approved by the City Council on ) (1) Commencing in 1991, renewal of an Exemption Certificate is required annually on or before April 1st. If the exemption is not renewed by April 1st, a late filing fee in an amount established by Resolution of the City Council shall be assessed. (Amended by R.S. Res , as approved by the City Council on ) (b) Periodic Monitoring of Exemption Status. (Reserved for monitoring schedules to be adopted by the Commission.) Termination of Exemption. (a) Automatic Expiration of Exemption. (1) If the use of a property or unit which has been granted an exemption changes such that the property or units are no longer used for the purpose pursuant to which the owner was granted an exemption, the exemption shall be deemed to terminate automatically. This section does not apply to properties which receive exemptions as new construction rather than exemptions due to use. (2) If the ownership of a property or unit which has been granted an exemption changes, the new owner shall be allowed a one-hundred eighty (180) day grace period in which to apply for an exemption. If the new owner fails to apply within 28

29 that period, the exemption shall terminate automatically, effective with the date of the ownership change. Section (a) (2) shall only apply to exemptions granted for uses pursuant to WHMC (a) (9) and (10). The grace period for probate properties shall begin when probate is settled. (Amended by R.S. Res , as approved by the City Council on ) (b) Revocation of Exemption. (1) A proceeding to revoke an exemption may be initiated by the Department upon request by a tenant who has shown good cause and/or upon facts revealed by staff investigation. (Amended by R.S. Res , as approved by the City Council on ) (2) The Department may revoke a grant of exemption where it determines that the exemption was obtained through misrepresentation of facts by the owner, that the use entitling an owner to an exemption for a particular property or unit(s) has changed or that the exemption was granted through Department error. (Amended by R.S. Res , as approved by the City Council on ) (3) Prior to revocation of an exemption, notice shall be mailed to the owner stating the reasons that the Department is considering revocation. Upon at least ten (10) business days notice to the owner, a revocation hearing shall be held by the Department. The owner shall be entitled to submit testimony, records, or any information relevant to his/her entitlement to an exemption. Subsequent to the hearing, a written determination shall be mailed to the owner. (Amended by R.S. Res , as approved by the City Council on ) Scope of Regulations. CHAPTER 6 INDIVIDUAL RENT ADJUSTMENTS The regulations contained in this chapter shall govern the application, hearing, appeal processes and time periods thereunder applicable when any person or group seeks a rent adjustment under Municipal Code Chapter of the City of West Hollywood. All time periods of ten (10) days or less shall not include weekends and official municipal holidays. 29

30 SUBCHAPTER A. APPLICATION Application Filing Requirement. Any person or group seeking a rent adjustment must file an application and obtain approval under this chapter. Other than an application concerning common areas controlled by a condominium or homeowner's association, an application for failure to perform required maintenance in a common area or for a substantial reduction or discontinuance of a housing service in a common area may be filed by one or more tenants. (Amended by Res , Effec ) Application and Submission Forms. (A) Application and submission forms shall be prescribed by the Rent Stabilization Director with the approval of the City Attorney as to form. All forms shall specify, and all written statements shall be made, under penalty of perjury. (B) Application forms for upward rent adjustment will be available commencing October 1, (C) Application forms for downward rent adjustment will be available commencing October 15, An application for downward rent will only be accepted if accompanied by a copy of a written notification to the landlord from the tenant setting forth the grounds for the requested rent reduction and a request for remediation of the conditions or services or performance of the maintenance (if applicable), and a declaration that he/she served this written notification on the landlord, that at least a thirty (30) day period has elapsed since service of the written notification, or the landlord has refused to perform the work, and no remediation of the condition or services has occurred. In cases where the unit is rendered untenantable, the Department may accept an application immediately after the tenant serves the landlord with the written notice. The provision of this subsection requiring that written notification be provided to the landlord does not apply to an application seeking a determination of the base rent or of 30

31 the maximum allowable rent charged for units. An application for a rent increase will only be accepted if accompanied by a copy of a written notification on a form prescribed by the Rent Stabilization Director from the landlord to all tenants that the landlord is filing a rent increase application and setting forth the grounds for the requested rent increase and the proposed increases for each unit and a declaration that he/she served the written notification on all the tenants. (Amended by R.S. Res , as approved by City Council ) Application Fee. (A) (B) (C) (D) The filing fee for an individual rent adjustment application filed by a landlord shall be paid at the time the completed application is submitted to the Rent Stabilization Department. The filing fee shall be established by Resolution of the Commission or after December 2, 1987, by Resolution of the City Council. The filing fee for an individual rent adjustment application filed by a landlord to establish the amount of the maximum allowable rent or a tenant alleging violations of Municipal Code Section due to reduction in services, failure to comply with maintenance requirements set forth in Municipal Code Section , to establish or contest the amount of the maximum allowable rent or collection of rent in excess of the maximum allowable rent, otherwise in violation of the Ordinance shall be paid at the time the completed application is submitted to the Rent Stabilization Department. The filing fee shall be established by Resolution of the Commission, or after December 2, 1987, by Resolution of the City Council. If a tenant application for rent adjustment is found meritorious, the tenant(s) shall be reimbursed for the filing fee by the landlord. All filing fees are non-refundable. All fees for applications filed by tenants or landlords shall be waived where: (1) Applicants declare in writing that they are receiving benefits pursuant to: (a) the Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs (Section of the Welfare and Institutions Code); 31